Judge Alma Hinton will give the jury its instructions Tuesday morning in the murder trial of Richard Demello.
Jurors will decide whether Demello is guilty of first-degree murder, second-degree murder or involuntary manslaughter or whether he is not guilty in the March 28, 2010, death of Michael Wayne Davis.
They must also decide whether he is guilty of first-degree kidnapping, second-degree kidnapping or not guilty in the case involving the state’s key witness Mary Moore. In addition to those decisions, they must decide whether he is guilty of felony larceny of a motor vehicle or misdemeanor larceny or whether he is not guilty of stealing Davis’s car following the murder.
Jurors late this morning and throughout the afternoon heard closing arguments in the trial, which began two weeks ago with the jury selection process.
Demello’s attorney, Steven B. DeCillis of Henderson, painted Moore as a less than credible witness, beginning his argument using scripture saying, “One witness shall not rise up against one man … This is the foundation of the state’s case.”
DeCillis described Moore as a crack addict who lost her rights to raise her children. “That is the cornerstone of the state’s case.”
In a closing argument that lasted for approximately two hours, the defense attorney questioned the work of the Halifax County Sheriff’s Office in its investigation of the case.
He said as soon as Moore identified Demello, who was living with Davis, as the suspect, the investigation became corrupt and contaminated. “There was a bias against Richard Demello. That bias contaminated every thing from there. The sheriff’s department picked and chose what they wanted to pull out,” he said of evidence, arguing later, “It was like they were in a rush to judge you. They took Mary Moore’s word and ran with it.”
Halifax County District Attorney Melissa Pelfrey, however, said Moore was the perfect witness and not the only the witness in the two-week trial who could prove Demello had a reason to kill Davis.
An investigating officer found her credible and during questioning tried different techniques to gage her truthfulness.
Pelfrey argued Demello never killed Moore because, “She is just a crack whore and no one is going to believe her if she even calls the police.”
Other witnesses, Pelfrey argued, said Davis had been unhappy with Demello and there had been several arguments.
While DeCillis argued about the lack of evidence discovered in the case, Pelfrey argued that investigators lifted Demello’s fingerprint from the roll of tape he allegedly used to bind Moore.
Of the 19 blows Davis received, Pelfrey said blow 11 rendered the man unconscious. With Moore tied up, Demello, who wanted to go to Missouri and work at a dairy, allegedly finished the job on Davis and left in his car.
Demello turned himself in, something his sister arranged, Pelfrey said. The prospects of Demello coming back to his sister’s home frightened her, Pelfrey said.
Upon his arrest, investigators found Demello stole Davis’s prized Harley-Davidson jacket, Pelfrey said. “He bought this as soon as he got his motorcycle. If Michael Davis were here right now and you asked him if he would give that jacket to Richard Demello he would have said, ‘Over my dead body.’”
